BILL ANALYSIS



S.B. 1328
By: Montford (Counts)
April 24, 1995
Committee Report (Unamended)


BACKGROUND

In 1975, the legislature conveyed a 70-acre tract of land located
next to the Big Spring State Hospital to the City of Big Spring. 
Current law provides that the property is to be used for a park or
for recreational facilities, and requires the property, if it ever
ceases to be used as a park or recreational facility, to revert
back to the state under the state's reversionary interest.

The City of Big Spring wants the state to release its reversionary
interest so that the city can begin to allow the development of the
property.  After determining that the restriction on the tract was
not necessary to protect the delivery of services at the Big Spring
State Hospital, the Tx MHMR Board directed the commissioner to seek
legislation to authorize the release of the restrictions.  The GLO
has analyzed the proposal and has recommended releasing the
restrictions.

PURPOSE

As proposed, S.B. 1328 authorizes the General Land Office to
release the state's reversionary interest in certain real property
located in Howard County.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1  (a) Authorizes the General Land Office to release the
           state's reversionary interest under Section 2, Chapter
           85, Acts of the 64th Legislature, Regular Session, 1975,
           in the real property conveyed to the City of Big Spring
           if the city and the Texas Department of Mental Health
           and Mental Retardation execute a memorandum of
           understanding ensuring that future use of the property
           is compatible with the operation of the Big Spring State
           Hospital, the city ensures that the portion of the
           property set aside for public use is accessible to
           persons with disabilities, and the city pays
           consideration to the state as determined by the General
           Land Office.

           (b) Requires the General Land Office to determine the
           amount of consideration due by determining the fair
           market value of the property as if the restrictions
           under Section 2, Chapter 85, Acts of the 64th
           Legislature, Regular Session, 1975, did not apply less
           the fair market value of the property determined as if
           the restrictions did apply.

SECTION 2. Describes the specific territory referred to in SECTION
1.

SECTION 3. Emergency clause.
           Effective upon passage.

SUMMARY OF COMMITTEE ACTION

S.B. 1328 was considered by the committee in a formal meeting on
April 24, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 8
ayes, 0 nays, 0 pnv, 1 absent.